2018 Highest 39 Violation of the Road Traffic Act (Retoxicated Driving)

A person shall be appointed.

Newly held court (prosecutions, public trials)

April 27, 2018

A defendant shall be punished by imprisonment for one year.

Criminal History Office

On December 16, 2017: around 20, the Defendant driven Cina car at approximately 3 km from the mutually aesthetic restaurant located in the new Dok-si, Yannam-si, Yannam-si, to the BY-si, Yan-si, Yan-si, Yan-si, with a blood alcohol content of about 0.151% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a result of the influence of drinking alcohol control (electronicized documents);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the choice of imprisonment

Reasons for sentencing

The Defendant had a four-time alcohol criminal record. The blood alcohol content at the time of the crime in the past is very high as 0.19%, 0.246%, etc., and the Defendant was sentenced to imprisonment and re-offending even after having been sentenced to punishment. There is no room for the Defendant to improve the habits of drinking. The blood alcohol content at the time of the crime in the instant case is also very high as 151%. Accordingly, the Defendant should be sentenced to imprisonment with prison labor.

In addition, as long as there are a large number of circumstances disadvantageous to the defendant, even if there are circumstances that seem favorable to the defendant, such as the fact that a considerable period of time has elapsed from the previous drinking driving, or that the defendant is against the defendant and the defendant's health is not good, it cannot be considered as factors that reduce the defendant's punishment. Accordingly, the punishment shall be set by the upper limit of statutory penalty.

Judges Godae-man